ARUL Vs. STATE

JUDGEMENT

(1.) Learned counsel for the petitioner would submit that the allegation in this case is that, the victim on her way back from the school, the petitioner had waylaid her and dragged her to the bush, adjacent to the road and molested her. The victim wriggled herself out and ran away to her home. Learned counsel would submit that there was also earlier incident of giving of complaint against the petitioner and his brother and therefore, he would submit that this is a foisted case.

(2.) Per contra, learned Government Advocate (Crl. Side) would submit that merely because on the earlier occasion a case has been given, that by itself would not undo the repeated offence done by the petitioner.

(3.) Considering the nature of allegation in this case being in the nature of molestation, considering the totality of the evidence of the victim child before the Trial Court, considering the grounds raised by the petitioner in the memorandum of grounds of appeal for the purpose of prima facie case and considering the fact that the petitioner is in prison from 28/2/2022 and that it may take a while for this Court to take up the appeal for final hearing, I am of the view that this is a fit case for grant of suspension of sentence, pending appeal and therefore, I am inclined to suspend the sentence and grant bail to the petitioner on the following conditions:-